NC0003174_NOV-2023-PC-0219_20230621

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail
Return Receipt Requested
#7022 1670 0000 9974 3971
NORTH CAROLINA
Environmental Quality
June 21, 2023
Chesapeake Atlantic Seafood Harvest, Inc.
Attn: Mr. G. Christopher Fulcher, Registered Agent
Post Office Box 250
Oriental, North Carolina 28571-0250
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2023-PC-0219
Chesapeake Atlantic Seafood Harvest Inc.
FV Gaston Bell - In Water Boat Maintenance
Oriental, Pamlico County, North Carolina
Dear Mr. Fulcher:
An on -site investigation was conducted by Division of Water Resources staff from the
Washington Regional Office on March 3, 2022 in response to a complaint. The following was
observed during the investigation: in -water boat maintenance and sand blasting was being
conducted on FV Gaston Bell while anchored in the Neuse River, including media blasting.
Paint, debris and particulates were observed on surface waters in the vicinity of the vessel
resulting from the referenced maintenance activities. Conditions are depicted in part below.
North Carolina Department of Environmental Quality Division of Water Resources
Washington Regional Office - 943 Washington Square Mall - Washington, North Carolina, 27889
Moan-icrRCO NA
252-946-6481

As a result, the following violations were identified:
Violation 1: Tidal Salt Water Quality Standards for Class SA Waters; 15A NCAC 2B .0221
& Tidal Salt Water Quality Standards for Class SC Waters; 15A NCAC 2B .0220 (10)
15A NCAC 2B .0221 states in part, "In addition to the standards set forth in Rules. 0220 and
.0222 of this Section, the following water quality standards shall apply to tidal surface waters
that are used for shellfishing for market purposes and that are classified SA."
15A NCAC 2B .0220(10) states in part, "Oils, deleterious substances, or colored or other
wastes: only such amounts as shall not render the waters injurious to public health, secondary
recreation, aquatic life, and wildlife or adversely affect the palatability offish, aesthetic
quality, or impair the waters for any designated uses. For the purpose of implementing this
Rule, oils, deleterious substances, or colored or other wastes shall include substances that
cause a film or sheen upon or discoloration of the surface of the water or adjoining shorelines,
as described in 40 CFR 110.3, incorporated by reference including any subsequent
amendments and editions."
The volume and/or amount of residue originating from in water maintenance activities resulted
in discoloration and caused a film on the water affecting aesthetic quality or impairing waters
for designated uses.
Violation 2: Tidal Salt Water Quality Standards for Class SA Waters; 15A NCAC 2B
.0221(3)(a) & Tidal Salt Water Quality Standards for Class SB Waters; 15A NCAC 2B
.0222(3)(a).
15A NCAC 2B .0221(3)(a) states in part, "In addition to the standards set forth in Rules .0220
and .0222 of this Section, the following water quality standards shall apply to tidal surface
waters that are used for shellfishing for market purposes and that are classified SA. The
following water quality standards shall apply to Class SA Waters: Floating solids, settleable
solids, or sludge deposits: none attributable to sewage, industrial wastes, or other wastes."
15A NCAC 2B .0222(3)(a) states in part, "In addition to the standards set forth in Rule .0220
of this Section, the following water quality standards shall apply to tidal surface waters that are
used for primary contact recreation as defined in Rule. 0202 of this Section and that are
classified SB. The following water quality standards shall apply to Class SB waters: Floating
solids, settleable solids, or sludge deposits: none attributable to sewage, industrial wastes, or
other wastes. "
Floating solids were present on waters and attributed to in -water maintenance activities.
Violation 3: Discharge Without Permit; NCGS 143-215.1(a)(1) and 143-215.1.(a)(6)
North Carolina General Statute (G.S.) 143-215.1 (a)(1) states in part, "Activities for Which
Permits Required. - Except as provided in subsection (a6) of this section, no person shall do
North Carolina Department of Environmental Quality Division of Water Resources
Washington Regional Office - 943 Washington Square Mall - Washington, North Carolina, 27889
NORTH(. HOLINA
o� ­,� W,ro 252-946-6481

any of the following things or carry out any of the following activities unless that person has
received a permit from the Commission and has complied with all conditions set forth in the
permit: Make any outlets into the waters of the State."
G.S. 143-215.1(a)(6) states in part, "Activities for Which Permits Required. - Except as
provided in subsection (a6) of this section, no person shall do any of the following things or
carry out any of the following activities unless that person has received a permit from the
Commission and has complied with all conditions set forth in the permit: Cause or permit any
waste, directly or indirectly, to be discharged to or in any manner intermixed with the waters of
the State in violation of any effluent standards or limitations established for any point source,
unless allowed as a condition of any permit, special order or other appropriate instrument
issued or entered into by the Commission under the provisions of this Article."
The subject activity was not conducted under the authority of a permit, special order or other
appropriate instrument.
This Notice of Violation/Notice of Intent to Assess Civil Penalty is being issued for the noted
violations. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a
civil penalty assessment of up to a maximum of twenty-five thousand dollars ($25,000.00) per day
for each violation.
If you wish to provide additional information regarding the noted violation, request technical
assistance, or discuss overall compliance please respond in writing within ten (10) business days
after receipt of this Notice. In your response, you should address the causes of non-compliance,
remedial actions, and all other actions taken to prevent the recurrence of similar situations. Your
response to this correspondence will be considered in any civil penalty assessment process that
may occur. You will then be notified of any civil penalties that may be assessed regarding the
violations.
If you should have any questions, please do not hesitate to contact Allen Stewart with the Water
Quality Regional Operations Section in the Washington Regional Office at 252-946-6481.
Sincerely,
UAWJ "
David May, L.G., Supervisor
Water Quality Regional Operations Section
Division of Water Resources
Washington Regional Office
cc: Laserfiche
North Carolina Department of Environmental Quality Division of Water Resources
Washington Regional Office - 943 Washington Square Mall - Washington, North Carolina, 27889
Moan-icrRCO NA
252-946-6481